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Consignment Agreement
I need a consignment agreement for a local artisan who will supply handmade goods to my retail store. The agreement should include terms for a 60/40 revenue split in favor of the artisan, a 90-day consignment period, and provisions for unsold inventory returns.
What is a Consignment Agreement?
A Consignment Agreement lets you sell items through someone else while keeping ownership until they're sold. Think of it like letting a store display and sell your products, but you still own them until a customer buys them. Under Canadian commercial law, this arrangement protects both parties - you maintain title to the goods while the consignee handles the sales process.
These agreements spell out key details like commission rates, pricing rules, and how long the store can keep your items. They're especially popular in retail, art galleries, and vintage shops across Canada. The agreement also covers important points like insurance, damage liability, and payment terms - making sure everyone knows their responsibilities from day one.
When should you use a Consignment Agreement?
Use a Consignment Agreement when you want to sell products through another business without giving up ownership. This works perfectly for artists placing artwork in galleries, designers selling clothes through boutiques, or manufacturers testing new products in retail stores. The agreement protects your interests while giving the seller motivation to display and market your items.
Canadian businesses often turn to consignment deals when expanding into new markets or testing demand. It's especially valuable when you have unique or high-value items but lack your own retail space. The arrangement limits your financial risk since you maintain ownership rights until sale, while still gaining access to established customer bases and prime retail locations.
What are the different types of Consignment Agreement?
- Consignment Agreement: Standard template covering basic consignment terms, ideal for general retail and small business use
- Consignment Store Contract: Specialized for retail stores, with detailed provisions for display, merchandising, and store operations
- Consignment Manufacturing Agreement: Focuses on industrial goods and raw materials, including production specifications and quality control
- Clothing Consignment Contract: Tailored for fashion retail with specific terms for garment care and seasonal rotations
- Consignment Inventory Contract: Emphasizes inventory management, tracking, and reporting requirements
Who should typically use a Consignment Agreement?
- Consignors (Product Owners): Artists, manufacturers, designers, or wholesalers who own products and want to sell them through others while maintaining ownership
- Consignees (Sellers): Retail stores, galleries, boutiques, or specialty shops that display and sell consigned items for a commission
- Legal Counsel: Lawyers who draft and review agreements to ensure compliance with Canadian commercial laws and protect both parties' interests
- Business Managers: Oversee daily operations, track inventory, handle payments, and ensure contract terms are met
- Insurance Providers: Cover potential losses or damages to consigned goods while in the consignee's possession
How do you write a Consignment Agreement?
- Business Details: Gather full legal names, addresses, and business numbers for both consignor and consignee
- Product Information: Create detailed descriptions, quantities, and conditions of all items being consigned
- Financial Terms: Determine commission rates, pricing guidelines, and payment schedules
- Duration and Logistics: Set agreement timeframes, delivery methods, and inventory tracking procedures
- Risk Management: Specify insurance requirements, damage policies, and security measures
- Documentation: Use our platform to generate a legally compliant agreement that automatically includes all essential elements
- Review Process: Double-check all terms and have key stakeholders review before finalizing
What should be included in a Consignment Agreement?
- Party Identification: Full legal names, addresses, and business numbers of consignor and consignee
- Property Description: Detailed inventory list with conditions, quantities, and unique identifiers
- Commission Structure: Clear breakdown of fees, payment terms, and price-setting authority
- Duration Terms: Agreement start date, end date, and renewal conditions
- Risk Allocation: Insurance requirements, liability provisions, and loss responsibility
- Operating Procedures: Sales reporting, inventory management, and display requirements
- Termination Rights: Conditions for ending the agreement and post-termination obligations
- Governing Law: Explicit reference to Canadian provincial jurisdiction and dispute resolution
What's the difference between a Consignment Agreement and an Agency Agreement?
A Consignment Agreement differs significantly from an Agency Agreement in several key ways, though both involve one party selling goods on behalf of another. While consignment keeps ownership with the original party until sale, agency creates a broader representative relationship.
- Ownership Structure: In consignment, the consignor maintains ownership until final sale; in agency, the principal often transfers goods directly to the agent for resale
- Legal Authority: Agency agreements grant broader powers to act on behalf of the principal, while consignment strictly limits authority to selling specific items
- Risk Distribution: Consignment places most inventory risk with the consignor; agency typically transfers more risk to the agent
- Payment Structure: Consignment usually involves a straightforward sales commission, while agency agreements often include various compensation methods and performance incentives
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